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Jeffrey S. Chase, June 3, 2019 "I have previously discussed the implications of the Supreme Court’s 2018 decision in Pereira v. Sessions here and here . There are two aspects to the Pereira decision. The first is the narrow issue presented...

27 I&N Dec. 546 (BIA 2019), Matter of PENA-MEJIA - Neither rescission of an in absentia order of removal nor termination of the proceedings is required where an alien did not appear at a scheduled hearing after being served with a notice to appear...

Lorenzo Lopez v. Barr "We hold that a Notice to Appear that is defective under Pereira cannot be cured by a subsequent Notice of Hearing. The law does not permit multiple documents to collectively satisfy the requirements of a Notice to Appear...

Matter of Mendoza-Hernandez and Capula-Cortes, 27 I&N Dec. 520 (BIA 2019) Board En Banc: NEAL, Chairman; MALPHRUS, WENDTLAND, MULLANE, GREER, MANN, O’CONNOR, LIEBOWITZ, and KELLY, Board Members. Dissenting Opinion: GUENDELSBERGER, joined by...

Fuentes-Peña v. Barr "Because ICE is now responsible for providing the alien’s address to the immigration court when it files the NTA, we read 8 U.S.C. §1229, through the lens of 6 U.S.C. § 557, to require the alien to provide...

Karingithi v. Whitaker "We consider whether the Immigration Court has jurisdiction over removal proceedings when the initial notice to appear does not specify the time and date of the proceedings, but later notices of hearing include that information...

Hernandez-Perez v. Whitaker - "Agency interpretations of their own regulations are “controlling unless ‘plainly erroneous or inconsistent with the regulation.’” Auer v. Robbins, 519 U.S. 452, 461 (1997) (quoting Robertson...

Jeffrey S. Chase, Dec. 8, 2018 - "Last week, the U.S. Court of Appeals for the Eleventh Circuit, a court generally known for its conservatism, issued an order granting an emergency stay of removal in the case of Manuel Leonidas Duran-Ortega v. U...

USCIS, Nov. 15, 2018 - "On Nov. 15, the Public Engagement Division (PED) held a stakeholder teleconference to discuss the USCIS Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAsl in Cases Involving Inadmissible and...

USCIS, Nov. 8, 2018 - "On June 28, 2018, USCIS issued a new Notice to Appear (NTA) policy memorandum (PM) (PDF, 140 KB) providing guidance on when USCIS may issue Form I-862, Notice to Appear. An NTA is a document that instructs an individual to...

Matter of Bermudez-Cota, 27 I&N Dec. 441 (BIA 2018) - A notice to appear that does not specify the time and place of an alien’s initial removal hearing vests an Immigration Judge with jurisdiction over the removal proceedings and meets the requirements...

USCIS, July 30, 2018 - "Policy Memorandum 602-0050.1, Updated Guidance for the Referral of Cases and Issuances of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens, was issued on June 28, 2018 and instructed USCIS components...

David Isaacson, July 10, 2018 - "In a November 2017 article, the Washington Post described “How Trump is building a border wall that no one can see” : how the Trump Administration was, “in a systematic and less visible way, his...

National Immigration Project, National Lawyers Guild, July 2018 - "This practice advisory provides information on how to use Pereira v. Sessions to overcome the “stop-time” rule and more broadly, to challenge Immigration Court Jurisdiction...

PM-602-0050.1 - "This Policy Memorandum (PM) outlines how U.S. Citizenship and Immigration Services’ (USCIS) Notice to Appear (NTA) and referral policies implement the Department of Homeland Security’s (DHS) removal priorities, including...